In re Israel T.
Filed 6/29/06 In re Israel T. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re ISRAEL T., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. ISRAEL T., Defendant and Appellant. | G035528 (Super. Ct. No. DL020629) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Michelle L. Morris, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.
The juvenile court found true allegations that Israel T. attempted to enter school grounds with a BB gun (Pen. Code, § 626.10, subd. (a))[1] and to promote a criminal street gang (§ 186.22, subd. (b)(1)). He challenges the sufficiency of the evidence to support the corpus delicti of the allegation. He also contends there is no substantial evidence to support the gang enhancement. Finding no basis to overturn the findings, we affirm.
I
Facts
On March 7, 2005, Officer Kirk Salmon was patrolling the area near Yorba Middle School (Yorba) in the City of Orange. The school is located on the northeast corner of the intersection of Collins Avenue and Cambridge Street, near the border claimed by two rival gangs, the Orange Varrio Cypress (OVC) and OCC.[2] At approximately 12:55 p.m., Salmon observed 14-year-old Israel T. (minor), a member of OVC, walking northbound towards the school on the eastside of Cambridge. Minor stood approximately 10 feet from the traffic light at Collins and 50 to 75 feet away from the school grounds. If he had crossed the street, he would have been standing on the sidewalk immediately adjacent to the school.
Salmon approached and asked Israel why he was not in school. He responded he chose not to attend that day. Asked where he was headed, Israel replied he was going to meet three friends at Yorba. Israel did not attend Yorba. During the exchange, the officer noted the youth wore a sweatshirt inscribed with the phrase, â€
